Terms of Service

PLEASE NOTE THAT 3GOOD LLC’S MOBILE APPLICATION AND WEBSITE TERMS OF SERVICE HAVE CHANGED EFFECTIVE May 8, 2019.

1. Introduction. These Terms of Service apply to all websites and mobile applications controlled by 3Good LLC and/or its subsidiary and affiliated entities (“3Good”). “Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), mobile application(s), mobile software, mobile services, and other interactive features, applications, or downloads that are operated by 3Good and that are available through, or interact with, the Websites where these Terms of Service are posted. This includes all 3Good services governed by the 3Good Subscription Agreement.

You agree that these Terms of Service are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites and the materials and information available. In addition to these Terms of Service, 3Good has established a Privacy Policy to explain how user information is or may be collected and used by 3Good. A copy of this Privacy Policy can be found here: {insert website}. The Privacy Policy is incorporated by reference into these Terms of Service. By installing, accessing, or using the Websites, you are signifying your acknowledgement and agreement to 3Good’s Terms of Service and Privacy Policy.

You must be at least 18 years old to have 3Good’s permission to use the Websites. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms of Service.

THE WEBSITES AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF SERVICE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE WEBSITES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF SERVICE GRANT 3GOOD LLC CERTAIN RIGHTS AND LICENSES, PROVIDE 3GOOD LLC CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT 3GOOD LLC’S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THE WEBSITES AND DO NOT PURCHASE PRODUCTS OR USE THE SERVICES AVAILABLE ON THE WEBSITES.

2. Access and Use. Access to the Websites is provided for the use of your business. When using the Websites, you agree to comply with all applicable federal, state, and local laws, regulations, statutes, regulations, and the like. The Websites are protected by federal and state copyright and trademark laws. No portion of the materials on the Websites may be reprinted, copied, republished, modified, used to create derivative works, publically displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of 3Good and/or the respective owner of any third-party content. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

The Websites may not be downloaded to or exported or re-exported to a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or to any prohibited or restricted country, person, end-user, or entity specified by federal or state laws. Additionally, you may not:

If 3Good believes you are abusing the Websites in any way, 3Good may, in 3Good’s sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Websites, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using the Websites. 3Good has the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Websites; and fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone making available any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS 3GOOD AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

3Good reserves the right to amend or withdraw the Websites, or charge for the application or service provided to you in accordance with these Terms of Service, at any time and for any reason.

3. Intellectual Property Notice. Unless otherwise explicitly specified, the Websites and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the Websites, and any and all copyrightable material (including source and object code) (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by 3Good, 3Good’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Websites are owned by 3Good, 3Good’s licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title, or interest in the Websites or any Website Content. Any rights or remedies not expressly granted in these Terms of Service are expressly reserved.

4. Confidential and Proprietary Information. 3Good does not want to receive confidential or proprietary information from you through the Websites. Please note that any information or material received through the Websites will be deemed NOT confidential. By sending any information or material, you grant 3Good an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that 3Good is free to use any ideas, concepts, know-how, or techniques that you send 3Good for any purpose.

5. User Content. 3Good may now or in the future permit users to distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, posts, and/or other materials (“User Content”).

By making available content to the Websites, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Service. It is your sole responsibility to ensure that you do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.

You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or (ix) violates these Terms of Service.

By distributing or otherwise making available your User Content using the Websites, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by 3Good. You also grant other users permission to access your User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites and these Terms of Service. You agree that your User Content will be treated as non-confidential and non-proprietary as discussed above. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the User Content have been waived.

YOU SHOULD BE AWARE THAT SUBMISSIONS OF USER CONTENT OR OTHER INFORMATION MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE SUBMITTING ANY INFORMATION TO 3GOOD. 3GOOD CAUTIONS YOU NOT TO DISCLOSE PERSONAL INFORMATION ABOUT YOURSELF OR YOUR CHILDREN, SUCH AS SOCIAL SECURITY NUMBERS, CREDIT CARD NUMBERS, ETC.

3Good has the right, but not the obligation, to monitor User Content. User Content will not be returned. 3Good may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in 3Good’s sole discretion. 3Good may, in 3Good’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice or liability; provided, however, that 3Good reserves the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which 3Good will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.

6. User Registration. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with 3Good, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify 3Good immediately at {e-mail address} of any breach of security or unauthorized use of your Membership. 3Good reserves the right to terminate your account or otherwise deny you access to the Websites in 3Good’s sole discretion for any or no reason without notice and without liability.

7. Mobile. The Websites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Websites via your mobile phone and (b) the ability to access the Websites from your mobile phone (collectively, the “Mobile Services”). 3Good typically does not charge for Mobile Services. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Websites. Your Mobile Provider’s normal messaging, data, and other rates and fees will, however, still apply. Your Mobile Provider may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your Mobile Provider or mobile device. You should check with your Mobile Provider to find out what plans are available and how much they cost. By using the Mobile Services, you agree that 3Good may communicate with you regarding the Websites and 3Good’s partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to 3Good.

You agree that in connection with the Mobile Services for which you are registered for, 3Good may send communications to your mobile device regarding 3Good or other parties. Further, 3Good may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify 3Good of any changes to your mobile number and update your account(s) on the Websites to reflect this change.

You accept responsibility for any such charges that arise from your Mobile Provider. If you are not the bill payer for the mobile telephone or handheld device being used to access the Websites, you will be assumed to have received permission from the bill payer for using the Websites.

8. Children. Collecting personal information from children under the age of 13 (“minor children”) through the Websites is prohibited. No User Content should be directed toward minor children. Minor children are not eligible to use the Websites and 3Good asks that they do not submit any personal information to 3Good.

9. Third Party Websites. By using the Websites, you authorize 3Good (i) to access and download information and content from third party websites (“Third Party Websites Content”), including from not limited to, Google.com (“Third Party Websites”); (ii) to provide the Third Party Websites Content to you through the Websites; and (iii) to use the Third Party Websites Content in its sole discretion. You agree to cooperate with all reasonable requests by Third Party Websites to ensure that 3Good is granted these authorizations. The Websites, all content and services provided on the Websites, and all information you obtain through the Websites are provided on an “as is” and “as available” basis. 3Good makes no representations whatsoever about any Third Party Website that you may access though the Websites or the Third Party Website’s information you may obtain through the Websites. When you access a non-3Good website or are provided with information from a non-3Good website, please understand that it is independent from 3Good, and that 3Good has no control over the content, accuracy, timeliness, or completeness of information on that website. In addition, a hyperlink to a non-3Good website does not mean that 3Good endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You should refer to the separate terms of use, privacy policies, and other rules posted on non-3Good websites before you use them. You agree not to create a link from any website, including any website controlled by you, to the Websites.

3Good makes no warranty, and expressly disclaims any obligation, that: (a) the Websites will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate, or applicable to your circumstances; (c) the information that may be obtained from the use of the Websites or any services offered through the Websites, including any information obtained through non-3Good websites, will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Websites will meet your expectations.

10. Warranty Disclaimer & General Disclaimers. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

YOU UNDERSTAND THAT ALL USER CONTENT DISTRIBUTED OR OTHERWISE MAKE AVAILABLE TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY MADE AVAILABLE THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF THE WEBSITES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS 3GOOD LLC’S REPRESENTATIVES OR ANY OF 3GOOD LLC’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS MAY HAVE DO NOT NECESSARILY REFLECT 3GOOD, LLC’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE CONTENT. UNDER NO CIRCUMSTANCE WILL 3GOOD LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE CONTENT.

3GOOD, LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF 3GOOD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF SERVICE, AND/OR WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT MADE AVAILABLE BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.

11. Indemnification. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you make available or Third Party Website Content that is submitted on your behalf. You agree to indemnify and hold 3Good and its affiliated companies, and their directors, officers, employees, agents, and partners harmless from any and all claims or demands, including reasonable attorneys’ fees and costs, that arise from or otherwise relate to (i) your access to or use of the Websites; (ii) User Content provided by you, Third Party Websites Content, or through use of the Websites; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to 3Good; or (v) your acts or omissions. You agree to cooperate fully with 3Good in the defense of any claim that is the subject of your obligations hereunder.

12. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Our designated Copyright Agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on The Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures

If you believe that material you made available on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

13. Choice of Law and Dispute Resolution. These Terms of Service are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. The parties agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by final, confidential, and binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS and before a single neutral arbitrator mutually selected by the parties. The arbitration shall be conducted in the English language. You and 3Good agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Contra Costa County, California. For the sake of clarity, nothing in this paragraph shall affect 3Good’s ability to seek from a court injunctive or equitable relief at any time. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

14. Entire Agreement. These Terms of Service constitute the entire agreement between 3Good and you pertaining to the subject matter of this agreement. In its sole discretion, 3Good may modify these Terms of Service by posting the revised version on the Websites and you agree that each visit by you to the Websites is a new transaction governed by the Terms of Service linked on the Websites at that time. Any delay or failure on the part of 3Good to exercise or enforce any rights under these Terms of Service to which 3Good may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section headings used herein are for convenience only and shall not be given any legal import.

Updated or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail. It is your responsibility to review the Terms of Service and the Websites from time to time for any updated or additional terms.

You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without 3Good’s prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. 3Good may assign these Terms of Service or any rights hereunder without your consent and without notice.

15. No Unlawful or Prohibited Purpose. As a condition of your use of the Websites, you warrant to 3Good that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Service.